Employment of foreigners – declarations of no criminal record under new rules | PRO HR September


The entity entrusting the performance of work to a foreigner or the person who acts on its behalf is required to attach to the application for the work permit and for the renewal of this permit, a statement of no criminal record. 

The province governor will not issue a work permit if the employer (or person acting on behalf of the entity entrusting the performance of work to a foreigner) has been validly penalized for acts related to the employment of foreigners or for crimes against the rights of persons performing gainful employment, crimes against the credibility of documents in connection with proceedings for the issuance of a work permit, as well as human trafficking.

The declaration must be current as at the date of the application. It has been clarified that the document should be signed no earlier than 30 days before the submission of the application.

The regulations do not provide for the possibility of submission of a copy of the document.

The employer must attach the declaration in the original. However, if the employer has a trusted profile or qualified electronic signature, it is possible to sign the declaration electronically.

The possibility of submission of the declaration of no criminal record by an attorney-in-fact has been excluded.

The declaration should be signed by the employer in accordance with the company's representation rules.

The changes follow from the new Regulation of the Minister of Family and Social Policy on work permits and declarations on entrusting the performance of work to a foreigner.

Find more in the PRO HR September 2022.